Murder Trial: Should Suspect Face Death Penalty?
By: Julie Montanaro
Tallahassee, FL - A decision on whether to drop the death penalty or delay proceedings is expected to be made today in the trial of Elijah James. One of the attorneys must defend a man scheduled for execution on February 26, and death penalty cases cannot proceed with just one attorney.
WCTV will bring you more information as it is available.
By: Julie Montanaro
UPDATED 1.24.2013
A Tallahassee man set to stand trial for manslaughter, without a body, is now waiting to find out if he'll face the death penalty or not.
Elijah James is supposed go on trial Monday for the 2010 manslaughter of his girlfriend Danielle Brown.
Her car was found torched at a city dump in Pavo, Georgia, but her body has never been found.
It's the first manslaughter case ever to be tried in Tallahassee without a body.
Today James' attorneys argued there shouldn't be a trial at all.
They tried to have the case dismissed.
Defense Attorney Clyde Taylor argued "We don't have a body, we don't have a cause of death if there was a death, we don't have a location, we don't have proof that anything occurred in the state of Florida."
The judge refused to dismiss the case.
The big question now is whether James will face the death penalty, The state has planned on it.
But today, one of Elijah James' defense attorneys announced he'll need to handle appeals for Paul Howell.
The governor signed Howell's death warrant last week for the manslaughter of Jefferson County trooper Jimmy Fulford. He's set to be executed on February 26th.
If the state agrees to drop the death penalty, James' trial could go forward with one defense attorney on Monday.
Otherwise the trial will be delayed.
rosecutors must now confer with the victim's family before making a decision. They're expected to let the judge know by tomorrow afternoon.
UPDATED 9.30.2011 by Julie Montanaro
A Tallahassee man accused of killing his girlfriend, hiding her body and torching her car will stand trial for it in the spring of 2012.
Elijah James is accused of killing Danielle Brown. She disappeared in February 2010, but her body has never been found.
James is already serving a 20 year sentence for arson in Georgia for setting Brown's car on fire and abandoning it at a city dump in Pavo.
This morning, a judge set a date for his manslaughter trial of May 7, 2012.
Prosecutors are seeking the death penalty against James.
UPDATED 6.14.2011 by Julie Montanaro
A man imprisoned for arson in Georgia and awaiting trial for manslaughter in Florida is demanding a new trial in the peach state.
Elijah James is accused in the disappearance and manslaughter of Danielle Brown.
He has already been convicted of arson for torching her car and abandoning it at a city dump in Pavo, Georgia. He's serving a 20 year prison sentence for that.
James's attorney filed a motion for a new trial in Thomas County's Superior Court back in February. He claims the verdict and sentence are not supported by the evidence.
A hearing on the request for a new trial was set for this week, but it has been postponed. A new date has not yet been set.
Meanwhile, James is awaiting trial on manslaughter charges in Leon County, Florida. His next court date on those charges is scheduled for September 30th.
[UPDATE] 3-30 10am -
At a status hearing for Elijah James this morning, a case management hearing was scheduled for October 26.
UPDATED 2.22.2011 by Julie Montanaro
The man accused of killing Danielle Brown is now facing the death penalty for it.
Elijah James was brought back to Florida to face manslaughter charges yesterday and today the state filed its notice to seek the death penalty against him.
Brown disappeared more than a year ago. Her body has never been found, but James was indicted for her manslaughter and has already been found guilty of arson in Georgia for setting fire to her car.
The state says while it is unusual to try a manslaughter case without a body, every case has its challenges.
"This office will continue to prosecute cases not because they're easy, but because they're important and we believe that there's sufficient evidence. I'm comfortable that the evidence will be able to support a conviction in this case," said prosecutor Jack Campbell.
James made his first court appearance in Leon County this morning. He was denied bond and appointed a public defender.
"We feel the arson trial in Georgia paved the way for what is to come in Florida as we expect much of the same result. We look forward to obtaining justice for Danielle," said family spokesperson Nicole Brown Sheffield.
Sheffield says the family fully supports the state's decision to seek the death penaltyn against James.
[UPDATE] 2-22 1:25pm -- by Julie Montanaro
The state has filed a notice that it will seek the death penalty in the Elijah James manslaughter case. The notice was filed today, Feb. 22.
[UPDATE] 2-22 11am --
The man accused in the disappearance of Danielle Brown is back in Tallahassee to face manslaughter charges.
Elijah James was booked into the Leon County Jail (2-21) around 3pm yesterday afternoon.
James was extradited from Thomas County where he was convicted of arson earlier this month for torching Danielle Brown's car.
Brown disappeared on February 5th last year. Though James faces charges for her manslaughter, Brown's body had never been found.
February 17, 2011 7:05pm by Julie Montanaro
A man accused in the disappearance of Danielle Brown will soon be coming back to Tallahassee to face manslaughter charges.
Elijah James signed a waiver of extradition Thursday afternoon, confirmed Thomas County Sheriff's Office CAPT Steve Jones.
That paves the way for deputies to pick him up from the Thomas County Jail, bring him back across the state line and book him into the Leon County Jail.
James was convicted of arson in Georgia earlier this month for torching Brown's car. Now he'll await trial on manslaughter charges in Tallahassee.
Danielle Brown disappeared back on February 5, 2010. James was indicted for her manslaughter, but her body has never been found.
An LCSO spokesman says James could be transported back to Leon County as early as tomorrow.
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